Thomas v. Boyle
Supreme Court of Pennsylvania
Appeal, No. 107, Oct. T., 1919, by plaintiffs, from order of C. P. Cambria Co., June T., 1916, No. 139, opening judgment and setting aside writ of possession in case of William E. Thomas, Trustee, and Harry von Lunen Hager et al. v. M. J. Boyle and Nemo Theatre Company, Intervening. Eules to open judgment and to set aside writ of habere facias possessionem and for restitution. The court made the rules absolute. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
We do not understand it to be disputed that the appellants had a status as legal representatives of the original lessors to begin the proceeding out of which this controversy arises. By written lease dated 28th September, 1914, the original parties demised to M. J. Boyle for and during the term of five years, beginning on the first day of October following, a certain building situate in the Borough of Johnstown, Cambria County, known as the Nemo Theatre, for a total rental of $26,000, in monthly installments of $433.33 1-3 on the last day of October, 1914, and a…
2Cited by5 opinions
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- Emmons v. McCreerySupreme Court of Pennsylvania · 1932
- Elizabethtown Lodge No. 596 v. EllisSupreme Court of Pennsylvania · 1958
- Dempsey v. StaufferDistrict Court, E.D. Pennsylvania · 1960
- Vasilko v. Bongiorno, Pennsylvania Court of Common Pleas, Schuylkill County1922